1.14.170 Mitigation Hearing – Procedure.
The Hearing Examiner shall conduct a hearing to mitigate the penalty on a violation when such hearing is properly and timely requested; provided, that in the event a person has requested a hearing to contest a violation and prior to the start of the hearing indicates to the Hearing Examiner a desire to mitigate rather than contest, the Examiner shall permit the person to seek mitigation of the monetary penalty. The mitigation hearing shall be conducted according to the following general procedures:
A. The person responsible for the violation shall, as a condition of proceeding with the mitigation hearing, agree that he or she has committed the violations as set forth in the notice of the violation. The City shall be relieved of any burden of proving that the violations were committed, and such agreement by the person responsible for the violations shall be sufficient basis for the Hearing Examiner to find the violations committed.
B. If the person who has requested the mitigation hearing decides at the time of the hearing that he or she wishes to contest all or some of the alleged violations, the matters wishing to be contested shall, at the request of the City, be rescheduled.
C. The person responsible for the violations shall be given the opportunity to explain or provide evidence regarding the nature of the violations, why the violations exist, why the violations have not been abated or corrected, and any other information the Hearing Examiner determines is relevant.
D. The City shall be given the opportunity, at its discretion, to provide evidence of the nature of the violation, evidence to rebut assertions made by any party, and any other information or evidence the Hearing Examiner deems is relevant.
E. At the conclusion of the hearing, the Hearing Examiner shall enter an order finding the violations committed pursuant to SMC 1.14.180, and shall assess a monetary penalty in accordance with SMC 1.14.200.